Property Disposition Process
There are times when the City has acquired land by dedication, acquisition, and donation; however, over time some of the properties have been deemed nonessential (or no longer needed for the intended purpose). It is at this point that the Land Coordinator goes about the process of disposing of the land.
- Throughout a City’s lifetime the use of public land changes and therefore so does its relationship to future development. The City frequently vacates roads and old infrastructure to make way for the new infrastructure or development. When this happens the City may find properties that no longer serve their original purpose, however the property can enhance a project or development and is then to the public’s benefit for the City to dispose of the property.
- Why would a City buy property that it would later dispose of? Cities grow and in growing the City may need to reserve property for future public purpose or to enhance the future development in strategic locations. The City tries to conservatively plan ahead to limit the amount of property it acquires so that it does not acquire property without cause. However, just like a child out growing cloths a City may need to exchange or sell properties that were once needed but are no longer, because of the way the City itself has grown in its infrastructure.
- All City owned property that is disposed must be subject to New Mexico Statues Chapter 42.
- If a selling property is valued at $25,000 or less then no formal legislative process is required. However, the property does require consideration. Each Department in the City must verify that the subject land is not required for City purpose. Afterwards, it must be approved by the City Manager.
- If a selling property is valued above $25,000 then the property must undergo a formal legislative and electoral process before it can be disposed of. The statues require that the proposed sell of the land be submitted to the City Council as an Ordinance with certain publishing requirements being met. After the second reading and adoption by the City Council a forty-five (45) day waiting period is observed for Citizens to petition the sale. If, after the waiting period, no petition has been filed then the sale can proceed.
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